Legal Question in Civil Litigation in New Jersey

Reasonable expectation of privacy

While staying in a hotel, cant you assume that you have a reasonable expectation of privacy. on 5th floor, changing clothes and notice people looking at me changing. The hotel asked me to check out. I think I have the right to change my clothes expecting to have privacy on the 5th floor. The people complained to the hotel manager. They claimed that they saw my buttocks. Protected by the 4th amendment? Temporary residence? Thank you


Asked on 5/18/04, 4:36 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Reasonable expectation of privacy

In a hotel, motel or inn, there is a limited reasonable expectation of privacy. In other words, you can have a rightful expectation that you are not being monitored by video cameras without notice and that no one is watching you in the bathroom.

You have the right to privacy as long as the doors are locked and the windows shades are drawn, however, the right to privacy is not complete. You can expect that housekeepers will come in your room while you are not there, if one finds contraband and turns it over to the police the evidence can legally be used against you.

Similarly, if someone sees you do something or act in a manner contrary to law or the rules of the hotel. And such actions are obvious in plain vision such as seen through a window, you have no reasonable right of privacy for such acts and are not protected by the first amendment.

As for the reasons you may have been asked to leave the hotel, I'll opt not to speculate.

Should you like to discuss this or any other legal matter, you can call my office to schedule an appointment for a consultation or in the alternative, I can be reached for on-phone low-cost legal consultation at 1-800-275-5336 x0233699.

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Answered on 5/19/04, 9:10 am
Lawrence Simon Law Offices of Lawrence M. Simon

Re: Reasonable expectation of privacy

You raise an interesting question. I recently stayed at a hotel in New Orleans with a balcony off the room. For some reason, the hotel used clear curtains for the entire window and regular curtains that covered only the outside of the sliding door/window, leaving the middle of the sliding door/window visible to people on other balconies, or in adjoing rooms.

I was forced to change in the bathroom, or in the corner of the room when it was raining and no one was on their balcony, which was a pain when the bathroom was steamed post shower, and I was putting on dress clothes and a tie. For this reason, I understand your position. However, if the shades could be drawn, there is no reason why you couldn't close them. A hotel in Toronto near the Skydome baseball stadium offers great views of the action on the field. Unfortunately, it has in the past offered fans at the games great views of "action" in the hotel rooms. The hotel posts clear signs and advises guests that forget to close their shades that they can be evicted. Canadian law is obviously different than US law in some areas, but the principles in your situation and the Skydome situation are similar.

If I can be of further assitance, please let me know. I'd be interested in knowing whether you sustained any monetary damage, i.e. being forced to pay for a second room, higher room, etc., and whether the hotel returned your money.

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Answered on 5/19/04, 12:42 pm


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